POST DIFFERENTIAL PAYMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00709R000400070178-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: June 6, 2001
• Sequence Number: 178
• Publication Date: January 30, 1950
• Content Type: MEMO

Approved For Releas
OGC Has Reviewed
Lreantive
aural 4taff
Pc?Lt .)ifferent.M.
4.y-raants
fifiCIA-RDP84-00709R000400070178-
30 January 1950
1. The basic menurandum from the Acting Chiefs -Mance Diviiion,
dattd 13 January 1950, presents the question of ,payment of poet dirt
ferential Ourinc, home leave and the incident travel. It states that
payment or .th& poet diffarential is perhaps mandatory during periods
of leave and transit time to elirjble personnel ;under specific ,con
eiticzia", an it requeats a legal determination .of the right todeny
4uch paywintt. In the attached opinicn of the Comptroller General,
B.85,876, dated 30 Dtcequivr 1949, the Canptroller indicates the dif-
ferential ;;mayr be paid for leave within the tour of duty. know of
no specific rulinz regarding the mandatory nature of the requirement:
but we assume tae Luawtage of i:xecutive Order 10000 is sufficiently olear
to remove any doubt. aection 104 provides that agencies shall pay the
di.fferential fixed therein, and Sention 106 (3) of the same ordsr etate
puyment shall be m.,2.de for all period & of sick lealra and annual leave.
ta,en tht T>triott cored under item (1) above and for transit -
time authorized for purposes or _leave so taken." (Our emphasis.)Item
I stipulates that payment shall begin an arrival at the post, ankTitheal.
Ltcp on departure for purposes of separation, transfer, ur detait.:kAta.
t%o11 the .-.Jnhinc and end of employment is used as the Criterion
for local recru!tment.; As long as the employee leaves his foreign .
pcy.:;t lor :)urpones of leave rAher than "separation, trannfer or detail"
it 1;0,yas clear tet paxment of the post differential during the tianeit
time and leav* is not aol,y permissible, but obligatory.
2. It appears that the cases in wilich differential would be paid
could be readil,y distinguished from ttlose in which.the Army disallowed
p4Ly1zunt. If the employee ie actually returned Per home leave with an
1n at intention by all nu:ads that he will be rOwned to his original
post, we think the rigkA to zayment is veatedusabicot to expiration
vex= that intention is changed. There is no reason why it contact,' .
employee shoulu be denied the right undor these +conditions, provided.'
the contract it rem we when necessary to proper* the employee status.
3. he concur in the comments of the 'Budget Officer, that tihewgood
faith" and hcast interitions of the employee :may require close inspection-
_ ,
before payszcrat can be made in come oases. This could be equally
plicable to the adminiatrative superiors at the employee. Miura 0.110 '
of the essence, and we are dealing with a tactor as ihtangtble-aa a: -
stAto of md_n, abuses could easily develLp if all parties did not mi
tain a critical and objective approach. (E.g., al employee returned to
the sane station ut the; end of his home leave wpald thus receive the''
poi,t difforeht!.al for the intervening period, and he could than be
Approved For Relea$0001 Itir3 : CIA-RDP84-00709R000400070178-6
ifpw.
pprove For Release 2001/09/03 :,CIA-R74-00709R000400070178-6
transferred within a sort period of ti mc to atother station outside the
United States without loss of what would probably amount to a considerable
increment, I the de:Asion to transfer him to the second post had haws
reached tx,l'ore As return to the old post he would not be entitled to
tle post cll iftrent Jul for the remainder of his :home leave or for the re-
t-rninc tranzlt tim6. In slit modification of the LIRMO ease, the de-
cis,ion to nii.kc, the trz.nu ter mi,c7ht -have been reaahed at the beginning of
the home .L i;+ VII but ovvrt actioz-1 postponed until the leave 19/13.8 completed,
The hidden intention clf the employee to resin. UP011 his arrival in the
;.tited 6tatts a lx%..DA.y been rsontionod.
4. For Ult.:: r ftsorLe ir,dicated az:ove, we believe that the employee
has a vost(:d riEnt to pLyment of tt.m post differential when he is other-
se entitl- d to it, brat that admini'trative officers should be constantly
aware of tat, (!ainger 3 0: =intent:if:a:al abuse.
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Chrono
Legal Decisions
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Approved For Release 2001/09/03 : CIA-RDP84-00709R000400070178-6